LIJUAN ZHU V. ERIC HOLDER, JR., No. 09-70639 (9th Cir. 2013)

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS APR 22 2013 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT LIJUAN ZHU, No. 09-70639 Petitioner, Agency No. A097-664-788 v. MEMORANDUM * ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted April 16, 2013 ** Before: CANBY, IKUTA, and WATFORD, Circuit Judges. Lijuan Zhu, a native and citizen of China, petitions for review of the Board of Immigration Appeals ( BIA ) order denying her motion to reopen. We dismiss the petition for review. We lack jurisdiction to review the BIA s discretionary decision not to invoke * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). its sua sponte authority to reopen proceedings under 8 C.F.R. § 1003.2(a). See Mejia-Hernandez v. Holder, 633 F.3d 818, 823-24 (9th Cir. 2011). We also lack jurisdiction to consider Zhu s contentions regarding the hardship her removal will cause her U.S. citizen husband and her claim of ineffective assistance of counsel where she did not raise these contentions before the BIA. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir. 2004) (this court lacks jurisdiction over contentions not raised before the BIA); see also Puga v. Chertoff, 488 F.3d 812, 815-816 (9th Cir. 2007) (indicating that ineffective assistance of counsel claims must be raised in a motion to reopen before the BIA). Zhu s remaining contentions are without merit. PETITION FOR REVIEW DISMISSED. 2 09-70639

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